Texas HB awaiting approval in the Senate.

Texas Cannabis Updates: 2021

While Texas has seen multiple cannabis bills fail in previous years, the 87th Legislative Session has a few notable bills that have been gaining traction. The proposed bills aim to expand the state’s medical cannabis program, reduce penalties for cannabis possession, and increase research into cannabis, hemp, psilocybin, and other potentially beneficial drugs. With the session’s end on May 31, many Texas citizens are contacting their representatives and senators to inform them of their support for Texas HB 1535, HB 441, and others tackling cannabis reform.

HB 1535

Texas currently only allows medical cannabis to patients with limited qualifying medical conditions. Texas HB 1535 proposes adding chronic pain for which a doctor would previously have prescribed opioids and PTSD as qualifying conditions. This bill would also expand access to medical cannabis to cancer patients who currently only have access when faced with a terminal prognosis. This bill also proposes allowing subsequent additions to the list of qualifying conditions by the Department of State Health Services. 

Additionally, HB 1535 would raise the cap for THC from 0.5% to 5% on medical cannabis products. This bill would also create compassionate-use institutional review boards to evaluate and approve proposed research programs to study the medical use of low-THC cannabis in the treatment of certain patients.

HB 441

Texas HB 441 proposes reducing penalties for the possession of less than one ounce of cannabis to a Class C misdemeanor or less. Additionally, this bill would prohibit arrests for possession of less than one ounce of cannabis and would instruct police officers to issue a citation instead. This bill would also open up an expungement process for those who have been arrested for cannabis possession and adhere to certain qualifiers. 

HB 2593

If passed in the Senate, Texas HB 2593 would decriminalize the possession of small amounts of cannabis and reduce the penalty for possession of THC concentrates. Possession of 2 ounces or more of THC concentrates is currently a felony, but this bill proposes reducing the penalty to a Class B misdemeanor. 

HB 3948

Lawmakers propose prohibiting the sale and production of Delta-8, a THC product which can be made from hemp, in Texas HB 3948. Additionally, this bill would allow for an increase in the allowable THC content in hemp from 0.5% to 1% and clarified previously issued hemp rules. This bill would also encourage an expansion in hemp research by issuing free licenses to institutions of higher education without requiring fees.

HB 1802

If Texas HB 1802 is approved in the Senate, the state would be required to study the medicinal or therapeutic effects of psilocybin, MDMA, and ketamine. These drugs would be studied for their ability to treat depression, anxiety, PTSD, bi-polar disorder, chronic pain, and migraines. The purpose of the research into these drugs would be to evaluate and determine whether alternative therapies are effective in treating mental health and other medical conditions and to compare their efficacy to current treatments. Results of the study would be reported by December 1, 2022.

Next Steps

There are less than two weeks until the 87th Texas Legislative Session ends and these bills are still up for deliberation. Though these bills have passed in the Texas House of Representatives, it is yet to be seen if they will pass in the Texas Senate.

How Can Sapphire Risk Help?

Stay tuned to our blog for the results of the 87th Texas Legislative session. Tony Gallo and the team at Sapphire Risk Advisory Group have over 30 years of security experience and expertise. Sapphire has worked in 31 states, including Texas. Follow us on social media to stay up to date with Texas cannabis industry updates!

Authors

Cannabis Security Consultant Pawn Jewelry Tony Gallo
Tony Gallo
Technical Writer and Industry News Editor
Katharine Baxter